Calcutta High Court Constitutes SIT To Probe Sandeshkhali Gang Rape Case, Flags Delay In Investigation

The Calcutta High Court has constituted a special investigation team (SIT) to probe allegations of gang rape in West Bengal's Sandeskhali allegedly involving politically influential persons.Justice Tirthankar Ghosh formed an SIT comprising Rahul Mishra, IPS and SDPO, Baduria, Basirhat Police District, along with Bireswar Chatterjee, Assistant Commissioner of Police, Homicide Section,...

Drug Malady Eating Country's Future Like Termite, Surge In Bail Pleas Involving Heroin Shows State's Failure To Curb Menace: P&H High Court

The Punjab & Haryana High Court has flagged an "unexpected surge" in the bail pleas involving heroin since last month, observing that it indicates the state government's failure to curb this menace, especially in the state of Punjab which is a great concern in itself as this drug malady is eating the future of this country like a termite.In doing so the Court rejected the anticipatory...

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The court said this after noting the...

Co-Owner Of Property Not Receiving Income From It Not Liable To Pay Tax On Income From Such Property: Delhi High Court

The Delhi High Court has held that where a property is held jointly but only one co-owner reaps the benefit of income from such property, the other co-owner cannot be held liable to pay tax merely by virtue of co-ownership.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “the [Income Tax] Act fails to raise any presumption in law, of income...

Madras HC Finds Shaadi.com's "30-Day Money Back Guarantee" Ad Slogan Prima Facie Misleading, Says Real Terms 'Tucked In Fine Print'

The Madras High Court has held that a recent advertisement of the matrimonial company Shaadi.com giving money back guarantee if unable to find a bride/groom in 30 days is prima facie misleading and deceptive. Justice RMT Teeka Raman observed that real terms of the offer, which is "contrary" to the promise made in the ad, are "tucked in fine print". As per the terms and conditions, the...

[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court

The Kerala High Court has clarified that before issuing notice to an accused named in the complaint, the Magistrate must first examine the complainant and witnesses on oath as per Section 223 (1) of the BNSS. It further clarified that as per first proviso to Section 223 (1), if the Magistrate decides to take cognizance of the offence, the accused should be given an opportunity of hearing....

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. Justice Swarana Kanta Sharma said that in case a judge proceeds on leave, it must be...

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social background and circumstances in which incidents...

Madhya Pradesh High Court Imposes Cost On State While Allowing It To Respond To 2020 PIL Claiming Violation Of Land Acquisition Act

The Jabalpur bench of the Madhya Pradesh High Court imposed a cost of Rs. 30,000 on the State while permitting it to file its written submissions in a 2020 PIL, challenging a government notification on the ground that it violates the Land Acquisition Act 2013 inasmuch as it decreases the multiplying factor for calculation of market value of land.The division bench of Chief Justice Suresh...

Denying Phone Call Access To Prisoners Involved In MCOCA, Terrorist Acts Not Arbitrary: Delhi High Court's Prima Facie View

The Delhi High Court has recently observed that prima facie, denial of telephonic calls to prisoners involved in terrorist activities and offences under the Maharashtra Control of Organized Crime Act (MCOCA) and Public Safety Act is not arbitrary. “Prima facie, the denial of regular telephonic and electronic communication to a prisoner who is involved in terrorist activities and offences...

'Open For State To Decide': Bombay High Court Disposes Suo Motu PIL On State Government's Proposed Cluster School Policy

The Bombay High Court on Wednesday (January 29) disposed of a suo motu PIL concerning the State Government's proposed 'cluster school policy'. The Court had taken suo moto cognizance based on various newspaper reports which stated that to improve education across the State, the State government would merge smaller schools with bigger schools within the vicinity. During the hearing today,...